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Resolution 2007-149 RESOLUTION NO. 07- ~ A RESOLUTION OF THE BOARD OF ZONING APPEALS PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE FOR A CONCRETE PLANT AT SILVER STRAND IN THE RURAL AGRICULTURAL-MOBILE HOME OVERLAY (A-MHO) ZONING DISTRICT PURSUANT TO SECTION 2.04.03, TABLE 2 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 15, TOWNSHIP 47 SOUTH, RANGE 29 EAST, IMMOKALEE, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 2004-41, as amended) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of conditional uses; and WHEREAS, the Board of Zoning Appeals (Board), being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a conditional use for a concrete plant at Silver Strand in the Rural Agricultural-Mobile Home Overlay (A-MHO) Zoning District pursuant to Section 2.04.03, Table 2 of the Collier County Land Development Code on the property hereinafter described, and the Collier County Planning Commission has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 10.08.00.D. of the Land Development Code; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that: The petition filed by Fred Reischl, AICP, of Agnoli, Barber & Brundage and George L. Varnadoe, Esq., of Cheffy Passidomo Wilson, & Johnson, LLP, representing Silver Strand III Partnership with respect to the property hereinafter described in Exhibit "B," attached hereto and incorporated herein by reference, be and the same is hereby approved for a conditional use for a concrete plant at Silver Strand in the Rural Agricultural-Mobile Home Overlay (A-MHO) Zoning District in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the conditions set forth in Exhibit "D," attached hereto and incorporated herein by reference. Page 1 of2 BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and super-majority vote this / :J., day of '1' '^ , - ,2007. ATTEST: DWIGMTB: BIWCK, CLERK BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA ~ By: . J ES COLETTA, CHAIRMAN , ." ~~Dl~fCl Uc '". :" f.lEPJJTY CLERK At t" SL c S t~ Uf41r11111'" . S l.\jlldtlir'l' 01'1 \ ~ rm and zkow stant County Attorney CU-2006~AR-9458/MD/sp Page 2 of 2 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR l?C CU-2006-AR-9458 The following facts are found: 1. Section 2.04.03, Table 2 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes ./ No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes -'-- No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or -L Affect mitigated by.... \.- _ Affect cannot be mitigated . J (. " J . c. ~ L(. D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes~ No Based on the above findings, this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals. DATE: '-I. .., .0'7 i: CHAIRMAN: --r-1-- ''1- - ........--:. EXHIBIT A Z,C PRINCIP AL ANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW A Y B LOWS, PLANNING MANAGER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW ~~ '-fVJ. / stv.-~ -&JSAN MURRAY ISTENES, AICP, DIRECTOR DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: , JO~ H K. SCH ITT, ADMINISTRATOR C9'MMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Collier County Planning Commission: MARK P. STRAIN, CHAIRMAN ~/~7 DATE 1/'C; /07 DATF! . ~ / /, --;7 .J' 20,0 / DATE : 3/2 7~7 DATE 3b3;b7 DATE ' DATE Staff report for the April 5, 2007 Collier County Planning Commission Meeting Tentatively scheduled for the May 8, 2007 Board of County Commissioners Meeting Exhibits: A. Findings of Fact B. Proposed Conditions C. lAMP Map D. Traffic Impact Statement E. EIS Waiver F. Consistency Review Gll-2006-AR-9458 l?C f" Page 11 of11 cepe Meeting April 5. 2007 l?C FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2006-AR-9458 The following facts are found: 1. Section 2.04.03, Table 2 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: YesK No_ B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes k.. No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: ~o affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes X' No Based on the above findings, this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals. DATE: .~- S /J 7 ~;;;;;;A? ~ _ 7 EXHIBIT A ~~ '-fVJ. / stv.-~ -&JSAN MURRAY ISTENES, AICP, DIRECTOR DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: ~...,~-~ JO~' . ~"'~: ~CHiri, ADMINISTRATOR C<?~MUNITY DEVELOPMENT & EMVIRONMENTAL SERVICES DIVISION Collier County Planning Commission: MARK P. STRAIN, CHAIRMAN '.07 1/'C; /07 DATI! ! I -.:; .tz ,"\ / ,"";--:; .....,! ... -'.1 .j / DAtE : -0/2- 7~7 DATE f3JJ7 DA E ' DATE Staff report for the April 5, 2007 Collier County Planning Commission Meeting Tentatively scheduled for the May 8, 2007 Board of County Commissioners Meeting Exhibits: A. Findings of Fact B. Proposed Conditions C. lAMP Map D. Traffic Impact Statement E. EIS Waiver F. Consistency Review CU-2006-AR.9458 1 ?C Page 11 0111 cepe Meeting April 5, 2007 1 ?t: t. CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PETITION FOR CU-2006-AR-9458 The petitioners agree to develop and maintain the project subject to the following conditions: 1. The Conditional Use is limited to what is shown on the conceptual site plan, identified as "Immokalee Concrete Plant Conceptual Master Plan," prepared by Agnoli, Barber & Brundage, Inc, dated March 2006. The site plan is conceptual in nature for conditional use approval. The final design must be in compliance with all applicable federal, state and county laws and regulations. The Department of Zoning and Land Development Review Director may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by this conditional use, so long as these minor changes remain consistent with all applicable development standards. 2. Expansion of the uses identified and approved within this conditional use, or major changes to the approved plan, shall require the submittal of a new conditional use application and shall comply with all applicable County ordinances in effect at the time of submittal, including Chapter 10.02.03 of the Collier County Land Development Code, Ordinance 04- 41, as amended, relating to Site Development Plan (SDP) review and approval, 3. Principal access to the project site shall be from CR 846 (Immokalee Road). 4. Raw materials storage, plant location and general operations around the plant shall not be located or conducted within [00 feet of any exterior boundary as shown on the conceptual site plan. 5. The height of raw material storage facilities shall not exceed 50-feet. 6. The hours of operation of the concrete plant shall be limited to two-hours before sunrise to sunset. 7. The minimum setback from Immokalee Road (CR 846) shall be 150-feet for operational facilities and 75-feet for supporting administrative offices and associated parking. 8. An eight- foot height berm with a vegetative buffer that consists of taller growing and denser type native trees shall be provided along the perimeter of the subject property. 9. Industrial noise buffering standards wiU be utilized to minimize noise generation and shall not exceed the maximum noise standards for Collier County. CONDITIONS OF APPROVAL EXHIBIT B Page 1 of2 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION ,- ,~ r CU-2006-AR-9458 The following facts are found: 1. Section 2.04.03, Table 2 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes V No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes V' No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or _ Affect mitigated by B~ 6v-4 ~ _ Affect cmIDot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes-V-No_ Based on the above findings, this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals. DATE: 11(1 bl MEMBER: ~~ ...... EXHIBIT A l?C CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PETITION FOR CU-2006-AR-9458 The petitioners agree to develop and maintain the project subject to the following conditions: 1. The Conditional Use is limited to what is shown on the conceptual site plan, identified as "lmmokalee Concrete Plant Conceptual Master Plan," prepared by Agnoli, Barber & Brundage, Inc, dated March 2006. The site plan is conceptual in nature for conditional use approval. The final design must be in compliance with all applicable federal, state and county laws and regulations. The Department of Zoning and Land Development Review Director may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by this conditional use, so long as these minor changes remain consistent with all applicable development standards. 2. Expansion of the uses identified and approved within this conditional use, or major changes to the approved plan, shall require the submittal of a new conditional use application and shall comply with all applicable County ordinances in effect at the time of submittal, including Chapter 10.02.03 of the Collier County Land Development Code, Ordinance 04- 41, as amended, relating to Site Development Plan (SDP) review and approval, 3. Principal access to the project site shall be from CR 846 (Immokalee Road). 4. Raw materials storage, plant location and general operations around the plant shall not be located or conducted within 100 feet of any exterior boundary as shown on the conceptual site plan. 5. The height of raw material storage facilities shall not exceed 50-feet. 6. The hours of operation of the concrete plant shall be limited to two-hours before sunrise to sunset. 7. The minimum setback from Immokalee Road (CR 846) shall be ISO-feet for operational facilities and 75-feet for supporting administrative offices and associated parking. 8. An eight- foot height berm with a vegetative buffer that consists of taller growing and denser type native trees shall be provided along the perimeter of the subject property. 9. Industrial noise buffering standards will be utilized to minimize noise generation and shall not exceed the maximum noise standards for Collier County. CONDITIONS OF APPROVAL EXHIBIT B Page 1 of2 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION ~ \.} CU-2006-AR-9458 The following facts are found: J. Section 2.04.03, Table 2 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes V No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes V No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: V No affect or ~ Affect mitigated by ~ Affect Cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible Use within district Yes v No Based on the above findings, this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals. f- )--07 MEMBER: 7 rz h;tt DATE: EXHIBIT A 1?r: BATCH PLANT LEGAL DESCRIPTION A PARCEL OF LAND LYING IN SECTION 15, TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 15; THENCE SOUTH 00004'34" EAST ALONG THE WESTERLY LINE OF THE NORTHWEST QUARTER OF SAID SECTION 15 A DISTANCE OF 1345.56 FEET; THENCE LEAVING SAID LINE NORTH 89017'5]" EAST A DISTANCE OF 150.0] FEET TO AN INTERSECTION WITH THE EASTERI"Y RIGHT OF WAY LINE DESCRIBED IN OFFICIAL RECORDS BOOK 3802 PAGES 2557 THROUGH 2591 PUBLIC RECORDS OF COLLIER COUNTY FLORIDA AND THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE NORTH 89017'51" EAST ALONG A LINE 30.00 FEET SOUTHERLY FROM AND PARALLEL WITH THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION IS A DISTANCE OF 1203.97 FEET; THENCE LEAVING SAID LINE SOUTH 00007'30" EAST ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 15 A DISTANCE OF 900.05 FEET; THENCE LEAVING SAID LINE SOUTH 89017'51" WEST ALONG A LfNE 900.00 FEET SOUTHERLY FROM AND PARALLEL WITH THE AFORESAID NORTH LINE A DISTANCE OF 615.03 FEET; THENCE LEAVING SAID LINE NORTH 00007'30" WEST ALONG A LINE 615.00 FEET WESTERLY FROM AND PARALLEL WITH THE AFORESAID EAST LINE A DISTANCE OF 750.04 FEET; THENCE LEAVING SAID LINE SOUTH 89017'51" WEST ALONG A LINE 150.00 FEET SOUTHERLY FROM AND PARALLEL WITH THE AFORESAID NORTH LINE A DISTANCE OF 589.06 FEET TO AN INTERSECTION WITH THE AFORESAID EASTERLY RIGHT OF WAY LINE; THENCE LEAVING SAID LINE NORTH 00004'34" WEST ALONG SAID EASTERLY RIGHT OF WAY LINE A DISTANCE OF 150.01 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 14.74 ACRES OF LAND MORE OR LESS: SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD: ABSTRACT NOT REVIEWED. AGNOLl, BARBER AND BRUNDAGE, INC. PROFESSIONAL ENGINEERS, PLANNERS & SURVEYORS AND MAPPERS GEORGE W. HACKNEY P.S.M. 5606 CONTAINING 14.74 ACRES OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; ABSTRACT NOT REVIEWED. REF. ABB DWG # 9327-BS-31 JAN07 EXHIBIT B FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION /!'7 ,~ CU-2006-AR-9458 The following facts are found: 1. Section 2.04.03, Table 2 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: / / Yes~ No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case offire or catastrophe: Adequate ingress & egress , / . , Yes v No C. Affects neighboring properties in relati on to noise, glare, economic or odor effects: ~ No affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district YesL No Based on the above findings, this conditional use should, with tipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals. DATE: 1/sh MEMBER: EXHIBIT A , ~J\'J\,,-'\ '..: i-\11Y8'- I. \ 17C CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PETITION FOR CU-2006-AR-9458 The petitioners agree to develop and maintain the project subject to the following conditions: I. The Conditional Use is limited to what is shown on the conceptual site plan, identified as "Immokalee Concrete Plant Conceptual Master Plan," prepared by Agnoli, Barber & Brundage, Inc, dated March 2006. The site plan is conceptual in nature for conditional use approval. The final design must be in compliance with all applicable federal, state and county laws and regulations. The Department of Zoning and Land Development Review Director may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by this conditional use, so long as these minor changes remain consistent with all applicable development standards. 2. Expansion of the uses identified and approved within this conditional use, or major changes to the approved plan, shall require the submittal of a new conditional use application and shall comply with all applicable County ordinances in effect at the time of submittal, including Chapter 10.02.03 of the Collier County Land Development Code, Ordinance 04- 41, as amended, relating to Site Development Plan (SDP) review and approval, 3. Principal access to the project site shall be from CR 846 (ImmokaJee Road). 4. Raw materials storage, plant location and general operations around the plant shall not be located or conducted within 100 feet of any exterior boundary as shown on the conceptual site plan. 5. 'The height of raw material storage facilities shall not exceed 50-feet. 6. The hours of operation of the concrete plant shall be limited to two-hours before sunrise to sunset. 7. The minimum setback from Immokalee Road (CR 846) shall be ISO-feet for operational facilities and 75-feet for supporting administrative offices and associated parking. 8. An eight- foot height berm with a vegetative buffer that consists of taller growing and denser type native trees shall be provided along the perimeter of the subject property. 9. Industrial noise buffering standards will be utilized to minimize noise generation and shall not exceed the maximum noise standards for Collier County. CONDITIONS OF APPROVAL EXHIBIT B Page 1 of2 1 ?r '.." FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION The following facts are found: CU-2006-AR-9458 I. Section 2.04.03, Table 2 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: C. A. Consistency with ~nd Development Code and Growth Management Plan: YesL No_ B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ing~ess Yes_ No___ . hboring properties in relation to noise, glare, economic or odor No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with arcent properties and other property in the district: Compatible ~in district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals. DATE: tf~ ) -- 0 7 MEMBER:4- J v EXHIBIT A l?C CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PETITION FOR CU-2006-AR-9458 The petitioners agree to develop and maintain the project subject to the following conditions: J. The Conditional Use is limited to what is shown on the conceptual site plan, identified as "Immokalee Concrete Plant Conceptual Master Plan," prepared by Agnoli, Barber & Brundage, Inc, dated March 2006. The site plan is conceptual in nature for conditional use approval. The final design must be in compliance with all applicable federal, state and county laws and regulations. The Department of Zoning and Land Development Review Director may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by this conditional use, so long as these minor changes remain consistent with all applicable development standards. 2. Expansion of the uses identified and approved within this conditional use, or major changes to the approved plan, shall require the submittal of a new conditional use application and shall comply with all applicable County ordinances in effect at the time of submittal, including Chapter 10.02.03 of the Collier County Land Development Code, Ordinance 04- 41, as amended, relating to Site Development Plan (SDP) review and approval, 3. Principal access to the project site shall be from CR 846 (Immokalee Road). 4. Raw materials storage, plant location and general operations around the plant shall not be located or conducted within 100 feet of any exterior boundary as shown on the conceptual site plan. 5. The height of raw material storage facilities shall not exceed 50-feet. 6. The hours of operation of the concrete plant shall be limited to two-hours before sunrise to sunset. 7. The minimum setback from Immokalee Road (CR 846) shall be ISO-feet for operational facilities and 75-feet for supporting administrative offices and associated parking. 8. An eight- foot height berm with a vegetative buffer that consists of taller growing and denser type native trees shall be provided along the perimeter of the subject property. 9. Industrial noise buffering standards will be utilized to minimize noise generation and shall not exceed the maximum noise standards for Collier County. CONDITIONS OF APPROVAL EXHIBIT B Pagt 1 012 l?~ , CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PETITION FOR CU-2006-AR-9458 The petitioners agree to develop and maintain the project subject to the following conditions: I. The Conditional Use is limited to what is shown on the conceptual site plan, identified as "Immokalee Concrete Plant Conceptual Master Plan," prepared by Agnoli, Barber & Brundage, Inc, dated March 2006. The site plan is conceptual in nature for conditional use approval. The final design must be in compliance with all applicable federal, state and county laws and regulations. The Department of Zoning and Land Development Review Director may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by this conditional use, so long as these minor changes remain consistent with all applicable development standards. 2. Expansion of the uses identified and approved within this conditional use, or major changes to the approved plan, shall require the submittal of a new conditional use application and shall comply with all applicable County ordinances in effect at the time of submittal, including Chapter 10.02.03 of the Collier County Land Development Code, Ordinance 04- 41, as amended, relating to Site Development Plan (SDP) review and approval, 3. Principal access to the project site shall be from CR 846 (Immokalee Road). 4. Raw materials storage, plant location and general operations around the plant shall not be located or conducted within 100 feet of any exterior boundary as shown on the conceptual site plan. 5. The height of raw material storage facilities shall not exceed 50-feet. 6. The hours of operation of the concrete plant shall be limited to two-hours before sunrise to sunset. 7. The minimum setback from Immokalee Road (CR 846) shall be ISO-feet for operational facilities and 75-feet for supporting administrative offices and associated parking. 8. An eight- foot height berm with a vegetative buffer that consists of taller growing and denser type native trees shall be provided along the perimeter of the subject property. 9. Industrial noise buffering standards will be utilized to minimize noise generation and shall not exceed the maximum noise standards for Collier County. CONDITIONS OF APPROVAL EXHIBIT B Page I 012 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION ~i ''IJ n. / IT- , \;"'.; CU-2006-AR-9458 The following facts are found: 1. Section 2.04.03, Table 2 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes --.lL.. No_ B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes v No ~f'; C. Affects neighboring properties in relation to noise, glare, economic or odor effects: _ No affect or _ Affect mitigated by Vvt iJvJLI.~. d ~ _ Affect cannot be mitigated ~ D. Compatibility with adjacent properties and other property in the district: Compatible use within district / Yes_ No DATE: MEMBER: Based on the above findings, this conditional use should, wit recommende fo approval to the Board of Zoning Appeals. EXHIBIT A l?C BATCH PLANT LEGAL DESCRIPTION A PARCEL OF LAND LYING IN SECTION 15, TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 15; THENCE SOUTH 00"04'34" EAST ALONG THE WESTERLY LINE OF THE NORTHWEST QUARTER OF SAID SECTION t5 A DISTANCE OF 1345.56 FEET; THENCE LEAVING SAID LINE NORTH 89"17'51" EAST A DISTANCE OF 150.01 FEET TO AN INTERSECTION WITH THE EASTERLY RIGHT OF WAY LINE DESCRIBED IN OFFICIAL RECORDS BOOK 3802 PAGES 2557 THROUGH 2591 PUBLIC RECORDS OF COLLIER COUNTY FLORIDA AND THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE NORTH 89017'51" EAST ALONG A LINE 30.00 FEET SOUTHERLY FROM AND PARALLEL WITH THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 15 A DISTANCE OF 1203.97 FEEr: THENCE LEAVING SAID LINE SOUTH 00'07'30" EAST ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION ]5 A DISTANCE OF 900.05 FEET; THENCE LEAVING SAID LINE SOUTH 89'17'5 I" WEST ALONG A LINE 900.00 FEET SOUTHERLY FROM AND PARALLEL WITH THE AFORESAID NORTH LINE A DISTANCE OF 615.03 FEET; THENCE LEAVING SAID LINE NORTH 00007'30" WEST ALONG A LINE 615.00 FEET WESTERLY FROM AND PARALLEL WITH THE AFORESAID EAST LINE A DISTANCE OF 750.04 FEET; THENCE LEAVING SAID LINE SOUTH 89' I 7'51" WEST ALONG A LINE 150.00 FEET SOUTHERLY FROM AND PARALLEL WITH THE AFORESAID NORTH LINE A DISTANCE OF 589.06 FEEr TO AN INTERSECTION WITH THE AFORESAID EASTERLY RIGHT OF WAY LINE: THENCE LEAVING SAID LINE NORTH 00'04'34" WEST ALONG SAID EASTERLY RIGHT OF WAY LINE A DISTANCE OF 150m FEEr TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED: CONTAINING [4.74 ACRES OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD: ABSTRACT NOT REVIEWED. AGNOLl. BARBER AND BRUNDAGE, INC. PROFESSIONAL ENGINEERS, PLANNERS & SURVEYORS AND MAPPERS P.S.M. 5606 CONTAINING 14.74 ACRES OF LAND MORE OR LESS; SUBJECT TOFASEMENTSAND RESTRICTIONS OF RECORD: A13STRACT NOT REVIEWED. REF. ABB DWG # 9327-BS-3IJAN07 EXHIBIT B Jl '. 4i:f; ,. " , ~ -- -I , , I \lI> I CZ , ~~iil J 1m,.. , i::tlrii I ~: , , , , I , , , I I ~2'~- r __J :. \: ,---------nn---------l :1 .1 I :s:: I I. I I )> I I. \' _ , Z (') "I '"~ .18 I ~CO I l. ~g..... "T!-I ." Z I. "TI <1'1 1:-11 OJ>O '~lmn I I rO"'T'\ 1-~;;lJ~ I t - --1,A1 \ I. m I -; C m ~I~~ , : -< ~ r;1 :1\ .1 I Z . mrr L___~________9_____[--J ;n~ ~~U; ~__.___________J_______ -______Jf. ,~ ~{i "-'''-'''-''-1'-''-''~ ..._..~ m 8 '"~ ~o..... ril~u:! "'Ii m IMMOKALEE ROAD I ___I!.O!U'_' t o~ ~g ~::; ~ _ .. _ ..,/J'1- :ill... toliJM 'l'i1M. UOIR!!; _ \l;lijrjj ! I I ~ I 'o~'.iSI"1 .~ "'6 t"1 1- . . N " . .............. B 00< om "'~ mm m~ z~ -~ ~~ ~ '8 ~~ .~ ~, F8 ~ , ~ ~ c< i'i ~ c< 8 :'1 ~~ "~ ~~ z> z~ ~m ~ ~ IMMOKALEE CONCRETE PLANT CONCEPTUAL MASTER PLAN EXHIBIT C l?C 000 > " . 0 3~ a~> ~ o. n~ o~< ~ ~~ ~:;:> ~ >z ~:..: ;;j 0 ao z >r" > > > t"'>> r .0 oZr ~ ~~ ~~" > ~~ n ~~ r ~> 3 oj ~ "~ zO ~< "z r ~ Ii 0 ~ ~ ~ m m m m ~ ~ ~ ~ ~> ~ " 0 ~~ " 0 < Om < ~ ~~ ~ ~ 0 ~~ ~ 0 ~ " , , , " " 0 0 > > 0 0 '" "' .... '" :>- (') '" '" " 'i ~. ii SILVER STItAND nI PARTNEJlStm' 2~OO GOlDEN OATE PARKWAY NAPL{'S.l'LJ4105 l?C CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PETITION FOR CU-2006-AR-9458 The petitioners agree to develop and maintain the project subject to the following conditions: I. The Conditional Use is limited to what is shown on the conceptual site plan, identified as "Immokalee Concrete Plant Conceptual Master Plan," prepared by Agnoli, Barber & Brundage, Inc, dated March 2006. The site plan is conceptual in nature for conditional use approval. The final design must be in compliance with all applicable federal, state and county laws and regulations. The Department of Zoning and Land Development Review Director may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by this conditional use, so long as these minor changes remain consistent with all applicable development standards. 2. Expansion of the uses identified and approved within this conditional use, or major changes to the approved plan, shall require the submittal of a new conditional use application and shall comply with all applicable County ordinances in effect at the time of submittal, including Chapter 10.02.03 of the Collier County Land Development Code, Ordinance 04- 41, as amended, relating to Site Development Plan (SDP) review and approval, 3. Principal access to the project site shall be from CR 846 (Immokalee Road). 4. Raw materials storage, plant location and general operations around the plant shall not be located or conducted within 100 feet of any exterior boundary as shown on the conceptual site plan. 5. The height of raw material storage facilities shall not exceed 50-feet. 6. The hours of operation of the concrete plant shall be limited to two-hours before sunrise to sunset. 7. The minimum setback from lmmokalee Road (CR 846) shall be ISO-feet for operational facilities and 75-feet for supporting administrative offices and associated parking. 8. An eight-foot height wall shall be located along the northern, southern, and western boundaries of the "Concrete Manufacturing Facility," landscaping planted on the outside of these walls. 9. Industrial noise buffering standards will be utilized to minimize noise generation and shall not exceed the maximum noise standards for Collier County. CONDITIONS OF APPROVAl. EXHIBIT D Page I of2 l?C CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PETITION FOR CU-2006-AR-9458 10. The project shall provide an annual monitoring report of traffic and road conditions immediately adjacent to the project. The project must donate all necessary right-of-way for the construction of turn, and acceleration lanes, and the future expansion of the adjacent roadway at the time of the next Development Order. The applicant shall be responsible for the costs of constructing the entrance, turning lanes, and a minimum 141 O-foot south bound acceleration lane or other roadway improvements that is determined by the County Transportation Planning Services Department. As related to this Conditional Use application, the applicant shall not be responsible for further pavement widening requirements after Immokalee Road (CR-846) is improved to a four lane minor arterial road by Collier County. CONDITIONS OF APPROVAL EXHIBIT D Page:2 of2